Tag: Lambda Legal

Categories
News News Blog News Feature

Civil Rights Attorney: Tennessee’s Anti-LGBTQ Laws Are “Terrifying” But Not Unprecedented

(Credit: Sharon McCutcheon on Unsplash)

A national LGBTQ civil rights attorney said that while we are currently seeing a “ramp up” of anti-LGBTQ legislation in Tennessee, these type of attacks are not unprecedented.

However, Sruti Swaminathan, staff attorney for youth for Lambda Legal, said that the emphasis and “attacks on minors” is especially cruel.

“I wouldn’t say it’s unprecedented, but the focus on children, I think that’s something that’s often been used to weaponize that all these pieces of legislation are being passed in the name of protecting children, when all of the medical evidence shows that gender affirming care is life-saving,” said Swaminathan. “Then you have legislators without an ounce of medical experience passing these laws against the wishes of parents and minors.”

Swaminathan is lead counsel for Lambda Legal in the case to block the state new law banning gender-affirming care for transgender youth. The group is joined in the lawsuit with the ACLU, and ACLU of Tennessee, and Akin Gump Strauss Hauer & Feld LLP.

Most recently, the Sixth Circuit Court of Appeals ruled in favor of Tennessee’s law that bans doctors from administering gender-affirming care to minors. 

“The legal advocates are suing Tennessee on behalf of Samantha and Brian Williams of Nashville and their 15-year-old transgender daughter, two other plaintiff families filing anonymously, and Memphis-based medical doctor Dr. Susan Lacy,” said Lambda Legal via their website.

The suit was filed in the federal court, and Swaminathan said their argument was that the ban likely “violates the constitutional rights of these families, young people, and providers in the state.”

“We bring two specific challenges,” said Swaminathan. “One is an equal protection challenge under the Fourteenth Amendment.”

The law also discriminates on the basis of sex and transgender status, Swaminathan said.

“The treatments that are prohibited by the ban are banned only for transgender and non-binary minors,” said Swaminathan. “The same treatments can be given to cisgender children, and so that is a blatant discrimination on the basis of sex and trans status.”

The counsel also argues that the ban violates the “due-process clause” of parents to have “control, care, and custody” over their minors and their minors’ access to healthcare.

Now that Senate Bill 1 (SB1) is back in effect, Swaminathan said that the immediate effects of the ruling is “extremely devastating” for the families involved. They also said that the court’s decision is bound to have a legal precedent on future cases and rulings.

“Both Kentucky and Ohio sit in the Sixth Circuit, and have contemplated and passed similar pieces of legislation,” said Swaminathan. “It’s devastating, but the fight is long from over. We look forward to continuing to persuade the court that SB1 causes unimaginable harm to families in Tennessee.”

Swaminathan said that the gender-affirming healthcare bans are a “terrifying breed” of legislation, and added that without this care, there will be an increase in suicidal ideation and depression.

According to the The Trevor Project’s 2022 National Survey On LGBTQ Youth Mental Health report for the state of Tennessee, 48 percent of LGBTQ youth in the state “seriously considered suicide in the past year.” This included 58 percent of transgender and nonbinary youth. The report also said that 17 percent of LGBTQ youth in Tennessee attempted suicide in the past year. This included 25 percent of transgender and nonbinary youth.

The state of Tennessee was also the first state to have imposed restrictions on drag performances, when Governor Bill Lee signed the “anti-drag” bill into law in March. However, U.S. District Judge Thomas Parker ruled that the law was unconstitutional. Swaminathan said that this is currently still being fought in the court.

“Both of those pieces of legislation are being challenged in the court right now,” said Swaminathan. “It’s an incredibly scary time for LGBTQ folks and their family.”

The court has ordered further briefing for the trans healthcare case, and as the briefing plays out, Swaminathan said that they have indicated that they will reach a resolution by September 30th. While they’re grateful that it will be resolved within a two-month period, they also said that that period still delays care for children in Tennessee.

Categories
News News Blog News Feature

Federal Lawsuit Dismissed Regarding Change to Gender Markers on Tennessee Birth Certificates

(Credit: Tingey Injury Law Firm on Unsplash)

A federal lawsuit that sought to allow transgender individuals in the state of Tennessee to change the gender markers on their birth certificates has been dismissed. 

The lawsuit, Gore v. Lee, was filed by Lambda Legal, a national organization “committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people, and everyone living with HIV,” in 2019 on “behalf of four transgender people born in the state of Tennessee – Kayla Gore, Jaime Combs, and ‘two plaintiffs identified by their initials, L.G. and K.N.,’” said the organization. 

At the time of the filing, Tennessee was one of three states that banned transgender people from changing their gender markers.

In the lawsuit, Lambda Legal argued that denying transgender people the ability to “obtain accurate birth certificates violates the Equal Protection and Due Process clauses of the U.S. Constitution.” They also argued that this is a violation of the First Amendment, as they are being forced to “identify with a sex that is not who they are.”

The plaintiffs also argued that by disclosing that they are transgender, this opens them up to discrimination and harassment.

U.S. District Judge Eli Richardson wrote that the plaintiff argued Tennessee’s current Birth Certificate policy prevents them from “correctly and accurately identifying [their] gender to the world.” However, Richardson considered that argument not “credible.”

“Nothing stops Plaintiffs from announcing their gender to the world, irrespective of their birth certificates’ designation of sex (based on birth appearance),” he wrote. “This is true for various reasons indicated above, not least that it seems undisputable that in this country gender identity is widely viewed (contrary to Plaintiffs’ belief, apparently) to be something separate from ‘sex’ (however sex is to be determined, whether based on external genitalia and otherwise). And nothing herein is intended to suggest that Plaintiffs should refrain from announcing their gender identity to the world as they see fit—including by derogating the sex designation of their birth certificates.”

Kayla Gore, co-founder and executive director of My Sistah’s House, said Tennessee’s current birth certificate policy has “gravely impacted” her life.

“We deserve recognition and dignity from the government just as much as every other Tennessean,” said Gore in a statement.

The state of Tennessee has been at the center of controversy in past months as Governor Bill Lee has signed what Lambda Legal referred to as, “a raft of anti-transgender bills.”

In March, the Flyer reported that Lambda Legal and other organizations had promised legal action against the Tennessee law prohibiting healthcare professionals from administering gender-affirming care to minors. The law also makes gender-affirming hormone therapy and puberty blockers inaccessible. The law is set to go into effect on July 1, 2023.

Lee also signed SB1237 into law in April, which authorizes Tennessee private schools to “regulate a student’s participation in the school’s athletic activities or events based upon a student’s biological sex.”

Categories
News News Blog News Feature

Lawsuit Filed Against Tennessee Law Banning Gender-Affirming Care For Minors

(Credit: Sharon McCutcheon on Unsplash)

Organizations and families are challenging Tennessee’s ban on gender-affirming care for minors.

Senate Bill 1 was signed into law by Governor Bill Lee on March 2nd and prohibits healthcare professionals from administering gender-affirming care to minors. The law is set to take effect on July 1.

This legislation will make gender-affirming hormone therapy and puberty blockers inaccessible, and trans people in Tennessee will not have access to this care until they reach the age of 18. Similar restrictions have been made in states like Arkansas and Alabama.

The Flyer also reported in March that the American Civil Liberties Union, the ACLU of Tennessee, and Lambda Legal (a national organization “committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people, and everyone living with HIV”) issued a statement where they had promised legal action against the Tennessee law that will prohibit gender-affirming care for minors.

According to the Campaign for Southern Equality, these organizations, along with Akin Gump Strauss Hauer and Feld LLP, have filed the case, L.W. v. Skrmetti, on behalf of “several trans youth, their parents and a medical provider.”

The preliminary statement of this complaint said that the law was passed “over the sustained and robust opposition of medical experts in Tennessee and across the country.”

“It was also passed over the pleas of families across Tennessee who urged lawmakers not to interfere in the medical decision-making of parents, their minor children, and their doctors,” the complaint stated.

The complaint also said that this law will disrupt and prevent medical care for “hundreds of adolescents across Tennessee,” and that it violates the constitutional rights of minors and their parents. 

It also stated the effects of gender dysphoria, which was defined as a “serious medical condition characterized by clinically significant distress caused by incongruence between a person’s gender identity and the sex they were designated at birth.”

“All of the major medical associations in the United States recognize that adolescents with gender dysphoria may require medical interventions to treat severe distress,” continued the complaint. “In providing this medically necessary healthcare, sometimes referred to as ‘gender-affirming care,’ medical providers are guided by widely accepted protocols for assessing and treating transgender adolescents.”

According to the complaint, this law prevents healthcare providers from following “evidence-based protocols.”

Phil Cobucci, founder of inclusion tennessee, said they have heard many families were worried about the passing of this law since the beginning of this legislative session.

“We’ve been working tirelessly to prepare and ensure their transgender adolescents and their families can continue to access care in their home state,” said Cobucci. “The filing of this lawsuit gives us great hope, and we appreciate the legal organizations and plaintiffs for their leadership in court. As we await a decision in this groundbreaking legal case, we will continue to support trans youth and their families every way that we can.”

Rev. Jasmine Beach-Ferrara, executive director at the Campaign for Southern Equality, stated the law is “flatly unconstitutional” and should be struck down.

“We hope that the court will grant relief so that trans youth in Tennessee can continue accessing the health care that they need and deserve, without leaving their home state,” said Beach-Ferrara.

The Campaign for Southern Equality, inclusion tennessee, and OUTMemphis have set up resources for families of transgender youth to access out-of-state providers by providing emergency grants of $250.

Categories
Memphis Gaydar News News Blog

Advocacy Groups Promise Legal Action Against Transgender Healthcare Bill

(Credit: Sharon McCutcheon on Unsplash)

The American Civil Liberties Union, the ACLU of Tennessee, and Lambda Legal, a national organization “committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people, and everyone living with HIV,” issued a statement where they have promised legal action against the Tennessee law that will prohibit gender affirming care for minors.

“We will not allow this dangerous law to stand,” said the statement. “We are dedicated to overturning this unconstitutional law and are confident the state will find itself completely incapable of defending it in court. We want transgender youth to know they are not alone and this fight is not over.”

Senate Bill 1 was recently signed into law by Governor Bill Lee on Thursday, March 2nd. The law will prohibit healthcare professionals from administering gender-affirming care to minors. This makes Tennessee the fourth state to ban this care for people under the age of 18.

This legislation will make gender affirming hormone therapy and puberty blockers inaccessible, and trans people in Tennessee will not have access to this care until they reach the age of 18. Similar restrictions have been made in states like Arkansas and Alabama.

A report entitled “LGBTQ Tennesseans: A Report of the 2021 Southern LGBTQ Experiences Survey,” released by the Campaign for Southern Equality in January 2023 defines gender affirming healthcare as “ an individualized experience for all trans and nonbinary people. There is no single surgery or standard path that all trans people access and each transgender person has their own unique needs related to gender affirming care.”

The report said that about 84 percent of transgender respondents from Tennessee said that “when they were under the age of 18, having access to gender-affirming care was important to their overall well-being.”  

“Restrictive laws and policies related to gender affirming care can lead to increased stigma for transgender people, resulting in delays or avoidance in seeking necessary medical care, ultimately resulting in worse health outcomes for this population,” the study stated.

In response to the signing of the bill into law, Emma Chinn, co-author of LGBTQ+ Tennesseans, special projects coordinator at the Campaign for Southern Equality, and a master of public policy candidate at the Humphrey School of Public Affairs, said that research states that “access to transgender-related healthcare is critical to the physical and mental health of transgender people and their ability to thrive in their daily lives.”

As the law does not go into effect until July 1, 2023, advocates are also offering resources and steps for families to take action now.

A resource guide provided by the ACLU of Tennessee, Inclusion TN, and Campaign for Southern Equality lists the following recommendations:

  1. See current provider as soon as possible to discuss current needs and options for continued care;
  2. If you and your family  have been planning to pursue gender-affirming care, try to initiate care before July 1 when the law takes effect;
  3. Fill current prescriptions with regard to gender-affirming medical care;
  4. To view a list of trans-affirming providers in Southern states, please visit the Trans in the South guide at www.transinthesouth.org. 
  5. For any questions related to navigating gender-affirming care in Tennessee, please fill out this form at www.southernequality.org/tnresources or email TennesseeResources@southernequality.org

The Campaign for Southern Equality and Inclusion Tennessee have also partnered to give out rapid response emergency grants of $250.

Categories
Memphis Gaydar News

Groups Want Tennessee DA Disbarred on Anti-LGBTQ Stance

Tennessee gay rights groups are calling for a Tennessee District Attorney to be disbarred for saying he issues lower charges for same-sex domestic assault cases and wouldn’t prosecute Tennessee county clerks who deny marriage licenses to same-sex couples. 

Northcott

Lambda Legal, Tennessee Equality Project, and the Domestic Violence and Sexual Assault Center of Rutherford County filed a formal complaint last week against Coffee County District Attorney General Craig Northcott. The complaint was lodged with the Tennessee Board of Professional Responsibility, which oversees attorneys in the state.

The groups claimed that Northcott made public statements that he does not file domestic assault charges if the violence occurred between same-sex spouses, does not recognize “homosexual marriage,” and would not prosecute those county clerks.

“Coffee County DA Craig Northcott has denied the validity of same-sex marriages and the equal protection of the law to LGBT people,” said Ethan Rice, senior attorney for the Fair Courts Project at Lambda Legal. “Such conduct violates ethics rules protecting citizens from bias and has no place within the very office designated to enforce the law of the land.

“Keeping DA Northcott in office will have a chilling effect on the willingness of LGBT people to seek justice and protection. District Attorney Northcott’s public comments revealed not only a bias against LGBT people but that he has made discriminatory charging decisions against an entire class of people and intends to continue to do so.”
[pullquote-1] Last year, the Tennessee Bureau of Investigations (TBI) reported 1,424 cases of domestic violence in same-sex relationships, according to the groups. The TBI’s 2018 Tennessee Hate Crime Report said 21.9 percent of all hate crimes last year were motivated by sexual bias, which includes crimes against LGBT and gender non-conforming people. Tennessee is home to about 130,000 LGBT adults, according to a report from the Williams Institute, and nearly 25 percent of those are people of color.

The groups said Northcott’s comments may deter LGBT people from reporting domestic assault, hate crimes, or other violence against them and create an obstacle to accessing the criminal legal system.

“LGBTQ people experiencing domestic violence are among the most vulnerable populations in Tennessee,” said Christopher Sanders, executive director of Tennessee Equality Project and Tennessee Equality Project Foundation. “Prosecutors have a duty to treat their cases with the same gravity as all other cases. 

“Discrimination in prosecution endangers our community and erodes the public trust in the criminal justice system.

Northcott’s statements were made during March 2018 in a presentation he gave called “The Local Church’s Role in Government” at New Mexico’s Chafer Theological Seminary Bible Conference.

He said he charges defendants with simple assault when a domestic violence incident occurs within the marriage of a same-sex couple, rather than the charge of domestic assault that he files when the incident occurs in the marriage of a different-sex couple.

Simple assault is a lesser charge with reduced punishment implications. The groups argued that Northcott is stripping LGBT domestic assault victims of the protections given with the elevated charge of domestic assault.
[pullquote-2] Northcott said domestic violence charges are to recognize and protect the “sanctity of marriage” but “there’s no marriage to protect” when it comes to same-sex marriages.

“We understand ‘domestic’ is not confined to marital status and feel it is important to advocate for all victims of domestic violence, sexual assault, or stalking regardless of race, color, national origin, religion (including religious belief), sex, gender identity (including gender expression and gender identity), sexual orientation, disability, age, marital status, family or parental status, or socioeconomic status,” said Karen Lampert, executive director of the Tennessee-based Domestic Violence Program & Sexual Assault Services. “Denying, limiting, or disbelieving a victim of domestic violence, sexual assault, or stalking further empowers an abuser, increases danger of lethality, and perpetuates a societal crime that can be prevented”
[pullquote-3] Northcott also said county clerks should not “succumb” to the rule of law” when it comes to issuing same-sex marriage licenses. Instead, they should “stand on God’s truth” and he would not prosecute them for it. Further, he said he would pat the clerk on the back and give them hugs.

Read the formal complaint here.

Late last month, a group of about 300 Tennessee lawyers wrote the board asking for an investigation of Northcott on his statements. The Council on American-Islamic Relations filed another charge abasing Northcott after he said Muslims were inherently evil.

Categories
News News Blog

Lawsuit Challenges Tennessee Transgender Restrictions

CREDIT: Lambda Legal

Lambda Legal

Kayla Gore, of Memphis, speaks during a news conference Tuesday outside the federal courthouse in Nashville.

Four transgender Tennesseans sued the state Tuesday to challenge a law prohibiting them from changing the gender marker on their birth certificates.

The case was filed by Lambda Legal, a national advocacy group working for the civil rights of lesbians, gay men, bisexuals, transgender people, and those with HIV. The lead plaintiff in the case is Kayla Gore, 33, of Memphis.

“I have been a woman my entire life,” Gore said in a statement. “However, the state of Tennessee refuses to recognize my identity and forces me to carry incorrect identity documents.
[pullquote-1] “In times where anti-trans violence is escalating, especially against transgender women of color, I deserve to have identity documents that reflect who I am and don’t put me in harm’s way – the same as anyone would want for themself and their loved ones.”

Tennessee is one of only three states, including Kansas and Ohio, that bars citizens from changing their gender on their birth certificate. Lambda Legal filed lawsuits challenging policies in those states, too.

“Forty-seven states, the District of Columbia, and Puerto Rico acknowledge the importance of allowing people to have access to essential government identity documents that accurately reflect their sex, consistent with their gender identity,” said Lambda Legal senior attorney Omar Gonzalez-Pagan. “It is time for Tennessee to join them. We won’t rest until we remove every governmental barrier to recognizing and respecting every transgender person’s identity in this country.”

The suit was here filed Tuesday in the U.S. District Court for the Middle District of Tennessee in Nashville on behalf of four transgender people born in Tennessee – Gore, Jason Scott, and two plaintiffs identified by their initials, L.G. and K.N.

In the suit, Lambda Legal argues Tennessee’s policies violate the Equal Protection and Due Process clauses of the U.S. Constitution. Also, policies here violate citizens’ free speech rights, according to Lambda Legal.
[pullquote-2] “I have had to put up with a lot since I decided to live as the man that I am over twenty-five (25) years ago,” said Scott, one of the plaintiffs in the suit. “The state of Tennessee does not get to define who I am by incorrectly identifying me as female on my birth certificate. Getting a correct birth certificate in alignment with who I am would be life-changing.”

For more on the case, go here.